H-1B : International Programs Office : UMass Amherst

UMass Amherst sponsors employees for H-1B visa status at the request of the hiring department. The H-1B immigration classification is intended for individuals coming to the United States to perform services in positions considered to be a a specialty occupation. A specialty occupation is considered as one that "requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree for the specific specialization (or its equivalent in experience).”

Hiring departments must initiate the H-1B sponsorship process directly through the ISSS. The sponsoring department, in coordination with the ISSS and the individual international employee, must provide documentation to establish that the offered position is indeed a “specialty occupation” and that the individual holds the requisite credentials for the position. The department is also required to offer a salary to the individual that meets the Department of Labor's "prevailing wage" for the position.

Each H-1B petition can be filed for up to 3 years, and employee can hold an H-1B status for 6 years. Upon completion or termination of an H-1B, the scholar can re-apply for a new H-1B after waiting for a period of 12 months outside the U.S.

As a general rule, UMass files H-1B petitions for faculty, senior research, managerial, and professional positions. UMass Amherst does NOT typically sponsor for H-1Bs for postdoctoral researcher positions or other staff positions. The UMass system policy likewise does not provide H-1B sponsorship for any part-time positions unless there is compelling need to supplement concurrent academic teaching or research activities at another US institution that are mission-critical to UMass. Only authorized, retained UMass immigration attorneys can file H-1B petitions (and/or related permanent residency petitions) on behalf of current or prospective UMass Amherst employees. Non-retained outside immigration attorney may not file an H-1B petition on behalf of any UMass employee.

Upon submission of the H-1B application, United States Citizenship & Immigration Services (USCIS) makes the final determination of the petitioner’s eligibility for H-1B status. Additional information on H-1B immigration can be found on the USCIS government website.

Please contact ISSS if you have any questions regarding H-1B sponsorship at the University of Massachusetts Amherst.

Requesting H-1B Sponsorship

Responsibilities of the Department and Employee

Departments should be fully aware of their responsibility in sponsoring an H-1B employee at UMass Amherst. It is also pertinent that the employee is aware of certain restrictions they have as an H-1B beneficiary.

The sponsoring department must pay all necessary IPO and United States Citizenship & Immigration Services (USCIS) application fees. The H-1B employee may not pay for any of the fees associated with the H-1B application.

H-1B employees can only be paid by their sponsor (UMass Amherst) and cannot accept outside work, such as honorariums, short-term consulting work, etc. As such, UMass employees who are under H-1B visa sponsorship cannot accept compensation for guest lecturing or teaching courses at other universities. However, they can be reimbursed for travel and accommodation expenses.

H-1B employees can only work at the specific location indicated on their H-1B application. If there is a need for a H-1B employee to work at additional sites/location other than what was provided at the time of H-1B filing, please consult with IPO prior to making any changes to employee’s work location.

Please notify the IPO prior to making any material changes to the job duties, title (i.e., Asst Professor to Associate Professor) and hours, and/or being placed on unpaid leave or any type of non-pay status during their H-1B period. Other types of actions such as termination or resignation prior to the H end date should also be considered.

If the employee is no longer in need of the H1-B status, please notify the IPO so that we can take action accordingly.

Departments will comply with the terms of the Labor Certification Application for the duration of employee's authorized stay and will be responsible for the reasonable cost of return transportation to home country should the employee be dismissed from employment at the University during the period of the H-1B stay.